Article 60-4Special Provisions on Capital Gains upon Application of Foreign Exit Tax Provisions
第六十条の四（外国転出時課税の規定の適用を受けた場合の譲渡所得等の特例）
If a Resident makes a transfer as prescribed in Article 60-2, paragraph (4) (Special Provisions on Capital Gains upon Departure from Japan) of Securities and similar interests to which foreign exit tax provisions have applied, for the calculation of business income, capital gains, or miscellaneous income, the amount that was included in revenue in calculating the amount of income from the transfer, on the assumption that the Securities and similar interests had been transferred, in calculating the amount of foreign income tax (meaning foreign income tax prescribed in Article 95, paragraph (1) (Foreign Tax Credit); the same applies in the following paragraph and paragraph (3)) imposed under those foreign exit tax provisions is the amount required for the acquisition of the Securities and similar interests.
If a Resident settles unsettled margin transactions or similar transactions or unsettled derivatives transactions to which foreign exit tax provisions have applied, for the calculation of business income or miscellaneous income, the amount equivalent to the amount of profit calculated, on the assumption that the unsettled margin transactions or similar transactions or unsettled derivatives transactions had been settled, in calculating the amount of foreign income tax imposed under those foreign exit tax provisions is subtracted from the amount of profit or loss arising from the settlement (hereinafter referred to as the "gain or loss on settlement" in this paragraph), or the amount equivalent to the amount of loss calculated, on the assumption that the settlement had been made, in calculating the amount of that foreign income tax is added to the gain or loss on settlement.
居住者が外国転出時課税の規定の適用を受けた未決済信用取引等又は未決済デリバティブ取引の決済をした場合における事業所得の金額又は雑所得の金額の計算については、当該決済によつて生じた利益の額若しくは損失の額（以下この項において「決済損益額」という。）からその外国転出時課税の規定により課される外国所得税の額の計算において当該未決済信用取引等若しくは未決済デリバティブ取引の決済をしたものとみなして算出された利益の額に相当する金額を減算し、又は当該決済損益額に当該外国所得税の額の計算において当該決済をしたものとみなして算出された損失の額に相当する金額を加算する。
The foreign exit tax provisions referred to in the preceding two paragraphs means the provisions of the laws and regulations of a foreign country, in the case where, if an event in that foreign country equivalent to a departure from Japan prescribed in Article 60-2, paragraph (1) or any other event prescribed by Cabinet Order occurs, foreign income tax is to be imposed pursuant to the provisions of the laws and regulations of that foreign country that are equivalent to the provisions of paragraph (1) through paragraph (3) of that Article, on the assumption that the Securities and similar interests held, or the unsettled margin transactions or similar transactions or unsettled derivatives transactions to whose contracts the person is a party, have been transferred or settled.
前二項に規定する外国転出時課税の規定とは、外国における第六十条の二第一項に規定する国外転出に相当する事由その他政令で定める事由が生じた場合に同項から同条第三項までの規定に相当する当該外国の法令の規定によりその有している有価証券等又は契約を締結している未決済信用取引等若しくは未決済デリバティブ取引の譲渡又は決済があつたものとみなして外国所得税を課することとされている場合における当該外国の法令の規定をいう。
Cabinet Order provides for the necessary particulars concerning the application of the provisions of paragraphs (1) and (2).
Read this with the articles around it
Resident
「居住者」
An individual who has a domicile in Japan, or who has had a residence in Japan continuously for one year or more up to now.
Defined inArticle 2, paragraph (1), item (iii)· applies throughout the law
departure from Japanmachine translation
「国外転出」
Ceasing to have a domicile or residence in Japan, which under Article 60-2 is treated as selling the securities and similar assets the person holds at that moment.
Defined inArticle 60-2, paragraph (1)· applies only in this article
Securities and similar interestsmachine translation
「有価証券等」
Securities and interests in contributions under a silent partnership contract (匿名組合契約), other than securities representing a right to acquire shares free of charge or at an advantageous price that would produce domestic source income (国内源泉所得) and other securities a Cabinet Order (政令) specifies, as Article 60-2, paragraph (1) defines them for its rule treating such holdings as sold when their holder leaves Japan.
Short name set inArticle 60-2, paragraph (1)· applies only in this article and in Articles 60-3 and 60-4
unsettled margin transaction or similar transactionmachine translation
「未決済信用取引等」
A margin transaction or similar transaction not yet settled, as described in Article 60-2, paragraph (2), which is treated as settled when the person leaves Japan.
Short name set inArticle 60-2, paragraph (2)· applies only in this article and in Articles 60-3 and 60-4
unsettled derivatives transactionmachine translation
「未決済デリバティブ取引」
A derivatives transaction not yet settled, as described in Article 60-2, paragraph (3), which is treated as settled when the person leaves Japan.
Short name set inArticle 60-2, paragraph (3)· applies only in this article and in Articles 60-3 and 60-4
foreign income taxmachine translation
「外国所得税」
A foreign income tax as defined in Article 95, paragraph (1): a tax imposed under a foreign country's laws that corresponds to Japanese income tax, of a kind a Cabinet Order (政令) specifies.
Defined inArticle 60-4, paragraph (1)· applies only in this provision and in Article 60-4, paragraphs (2) and (3)
gain or loss on settlementmachine translation
「決済損益額」
The profit or loss when a resident settles a margin transaction or derivatives transaction that a foreign country's exit tax (外国転出時課税) already treated as settled; the profit counted in working out that foreign income tax is taken off, or the loss added back.
Short name set inArticle 60-4, paragraph (2)· applies only in this paragraph